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I leased a truck back I febursary and I have been haveing…

Customer Question

I leased a truck...

I leased a truck back I febursary and I have been haveing problems with the truck and it's making it had to pay for it. My problem is I got a non cancellable lease on the truck and I was wanting to return it because i'm getting further in the hole and can't seem to see any money? Is there a way I can get rid of the lease?

Lawyer's Assistant: What state is this in? And how old is the truck?

Texas it's a 2012 peterbilt 386 model

Lawyer's Assistant: Has anything been officially filed? If so, what?

No just the non cancellable lease when I first got it it in feburary

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 7 months ago

OK where us this accept button cause I don't see it? My question is can I get out of the non cancellable lease?

I’m sorry to hear about your situation. The answer is yes, but if it meets some requirements. If you are having problems with the truck then this appears to be a violation of the implied warranty of fitness.. Under the Uniform Commercial Code section 2-315, which has been adopted in part or wholly by every state, it says, “Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.” All this means in plain English is that if a buyer is relying on the seller’s skill or judgment (e.g. if you rely on a lawn mower mechanic’s skill in choosing a blade for your lawn mower), then the mechanic warrants that the good will be fit for its particular purpose (cutting grass). Unless the goods are sold “as is,” then then a violation of that warranty may allow the buyer to recover damages. This also appears to be a violation of the implied warranty of merchantability. Under section 2-314 of the Uniform Commercial Code, which has been adopted wholly or in part by all the states, sellers are bound by the implied warranty of merchantability. What this means basically is that the good(s) that you purchase will generally be acceptable. An example would be if someone leases a vehicle like you. A seller warrants that the vehicle is going to be generally acceptable, fit for its ordinary purpose, and be of a generally understood type and quality. Many times, you can sue to get your purchase price back.

Don’t forget that this may be a breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 7 months ago

at this point what should I do to get rid of this truck that has given me nothing but problems?

I hate to say it, but you may need to either a) speak with the place about the problems you’re having so they have a chance to fix it or b) speak with a lemon law attorney so they can analyze whether your vehicle is a lemon. If it is a lemon , then you can get out of your contract. If it is not a lemon, your attorney may be able to work out a settlement on your behalf. Most attorneys will take the cases on contingency to keep it cheap for you. Did you have any other questions for me?

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Customer reply replied 7 months ago

What if I just want to get away from the truck completely and just get off the road will that hurt my pockets even more?

Probably. They may sue you for breach of contract if you stop paying or walk away from the lease in some way. Getting out of a contract can be very difficult. With that said, there are some things that you would want to consider that the law recognizes as defenses to the enforcement of a contract. One of the defenses is capacity, meaning that a person who is mentally ill, under the age of 18, under the influence of drugs/alcohol can have the contract voided. Additionally, if a party enters into an agreement under duress, it can be voided. Also, if the contract is so one-sided that it would be considered unconscionable, that is another reason. Finally, there is the issue of mistake. A court can declare that there is a mistake made by both parties as to the assumption on which the contract was based. For example, if both parties made an assumption that a certain event would occur, but the event does not occur, then the contract is voidable. Unless the agreement falls into one of these categories, then the agreement is enforceable.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).